The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-08-30
ICoasiKaei fos yul ~

Z the CcSTiStCl al StlCD persons VINO may
apply for that purpose, and who shall
I If required by the Board, make oath
+ that they are possessed Of the neces
saTy qualifications.
4 VIII, for the present, pass over the
second objection and consider the
third, which raises very important
question.
Ii was contended by the Attorney
/ General that the law, by which l I'M
I derstand is meant the regulations.
+ confers upon the Board of Inspectors
s judicial and discretionary power to
/ place upon the register the names of
such persons only as the Board may
consider entitled to vote, and having
50 decided. however wrong such de-
ciSion may be. it cannot be reviewed
by this Court, and that having in their
discretion and as their judgment de-
cided that the petitioner was not quail
flied. that decision was final,
Many authorities, which it was con
I tended sustained this view, were cited,
snd in particular. F,vGaJH es. Se'sttwes
q Na, Haos1, 81 Conn. AZ In which
/ csse it was held that as the Constitu
ton Of that State provided that 1.-The
Selectmen. and town clerk of the sew
eral towns shall decide on the qualifi-
cations OF electors. st such times. and
in such manner SIS may be prescribed
by law" the Constitution had made
those parties the sole judges of the
qualifications Of electors and therefore
8 Writ Of Msndamus could not issue.
I do not think that this decision. or
the authorities cited, apply to the case
before ME.
Our Constitution has no such pro
Vision. neither do the regulations con
tain any such or similar provisions.
/ cannot agree with the contention
made on behalf Of the respondents.
that If the Inspectors viii not place
upon the list. the name Of a voter
properly qualified and thereby de
urive him Of his right 10 vote. this
Court cannot interfere. think that
it Is competent for and the duty Of
the Court To compel the Board 10 IN
sert the name Of any person legally
qualified to vote. upon. the register Of
voters. on the refusal Of the Board TO
do so-by this register l mean the list
provided for by regulation Il.
In the case Of Ilsups5z g. M5sgogs-
cry and others. Inspectors Of Elections
for Honolulu. 1S7O) Hartwell J.. IS
sued mandsmus 10 compel the Board
10 place the name Of the elector upon
the register OF voters. notwithstand-
ing that the Board had held that the
elector was not qualified by law. and
l would. without hesitation. make q
similar order IN this case. If / consid-
erei the petitioner was properly be
fore the Court. as / am Of opinion
that the duties Of the Board in max
ing up the alphabetical list under reg
ulation Il. are purely ministerial.
II any name Is improperly on the
list. the regulations provide for re-
vision and for the striking of such
name,
will now turn to the second OBJ
lection. which I feel compelled TO sus
tain
I deem II 10 be absolutely neces-
ssry that the petitioner should state IN
his petition the title Of the petitioner
10 the right claimed: this nav be done
under 3 general allegation that the
petitioner i legally qualified and en-
titled 10 vote for mobiles Tor the dis
tric5- although il would be much better
Il The petitioner should state specific
silly his qualifications.
This the petitioner has no. done. he
has not stated his right generally.
neither has he stated that lie possesses
the qualifications required by the Con
st5tut501-
Tie allegation i that lie : native
Hawaiian and 3 resident q Honolulu.
oTs- twenty years q sgs. that he has
taken the oath required BIZ law for
registration q voter to- representa-
lives s1d registered Is such in the
5th var3-thst he presented such car
tzEes5e ID The respondents and re-
QlsS-al ID be e11o-ls1 IS : voter and
oeposeo % Oa1h that he had received
iEe prescribed income 5-- the ura
sc1ba3 tine required bT law ss
a---a------f----'-- - t.--- E5--l
thsl he was II rsosip. q a inooneo Of
$500 pr year
Inc Constitution requires these
qualifications tuI : voter:
L That he shall be ( male resident
q The Hawaiian Islands u Hawaiian.
American U European birth q de-
scent
, Thai Ii shall have attained the
age q twenty years
: IhsE he al1Z h7rz paid l5s fzzzt-
1 That h shall have eaussi his
n@e 10 b. sn01llal u tie Is. u wi
s-S tu- MOBILES to- his district
: Thsi h shall have resided II the
o9untEy nOt less than three years. aE6
- Tx d5tar5as II which be u!.Eers 10 vote
nj 2sss than three moths imma1i-
ziel! preceding the elsa-5ca Il which
II oEs-s ID y04e-
s That h shall ON snd. be rs
sasss1 II ms 0wn right Of tsz35Ie
property II this c711lry q the : Ina
n nj Bzsz< 151s- - na9 -z-z- - -